Part X of the Competition and Consumer ACT 2010
Part X (ten) of the Competition and Consumer Act 2010 (the Act) regulates international liner shipping of cargo travelling either to or from Australia. Liner shipping is generally defined as shipping services operating on a regular trade route, with predetermined and publicly advertised schedules between advertised ports of call.
The main objective of Part X is to ensure that exporters have continued access to outwards liner cargo shipping services of adequate frequency and reliability at freight rates that are internationally competitive. Importers are also covered by Part X but to a more limited extent than exporters.
Part X sets up a system for regulating international liner cargo shipping services, which includes:
- Registration of conference agreements: Liner shipping companies proposing to make an agreement with another shipping company are required to register the agreements;
- Regulation of non-conference ocean carriers with substantial market power: Ocean carriers with a major market share of a trade area are required to be registered;
- Regulation of unfair pricing practices: The Minister may order a liner shipping company not to engage in unfair pricing practices; and
- Registration of agents of ocean carriers: Ocean carriers are required to register an Australian agent.
The parties to a conference agreement are required to negotiate with, and provide information to, representative shipper bodies who are registered under Part X. If the conference agreement is registered, the parties will be given partial and conditional exemptions from cartel conduct, contracts that restrict dealings or affect competition and exclusive dealings.
The Minister has a range of enforcement powers in relation to Part X. Civil or criminal penalties may apply for failure to register correctly under Part X and for undertaking anti-competitive behaviour.
The information provided on this website should be used as guidance material only. Shipping lines involved in international liner shipping should refer directly to the Act and Regulations. It is recommended that independent legal advice be sought. The Registrar of Liner Shipping may be contacted for guidance.
- Competition and Consumer Act 2010
- Competition and Consumer Regulations 2010
- Instrument of Declaration of Inland Terminals
Contact for Registrar of Liner Shipping
Phone: 1800 005 221
GPO BOX 594, Canberra, ACT, 2601